SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): January 16, 2003 ------------------------------------------------ ---------------- POPULAR, INC. ------------------------------------------------ (Exact name of registrant as specified in its charter) COMMONWEALTH OF PUERTO RICO NO. 0-13818 NO. 66-0416582 ----------------------------- ------------ ------------------- (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 209 MUNOZ RIVERA AVENUE HATO REY, PUERTO RICO 00918 -------------------------------- ---------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (787) 765-9800 -------------- ------------------------------------------------------------- (Former name or former address, if changed since last report) Item 5. Other Events On January 16, 2003, Banco Popular de Puerto Rico, a wholly-owned subsidiary of Popular, Inc., entered into a Deferred Prosecution Agreement with the U.S. Justice Department, the Board of Governors of the Federal Reserve System and the Financial Crimes Enforcement Network of the U.S. Department of the Treasury. A copy of the Deferred Prosecution Agreement is attached as Exhibit 10.25 to this Current Report on Form 8-K and incorporated herein by reference. Popular, Inc. is also filing as Exhibit 12.1 the computation of the ratios of earnings to fixed charges and earnings to fixed charges and preferred stock dividends for the nine month period ended September 30, 2002 and for the five years ended December 31, 2001. Exhibit 12.1 is incorporated herein by reference. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits (c) Exhibits Exhibit Number Description -------------- ----------- 10.25 Deferred Prosecution Agreement 12.1 Computation of Ratios of Earnings to Fixed Charges and Earnings to Fixed Charges and Preferred Stock Dividends SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. POPULAR, INC. ------------- (Registrant) Date: February 6, 2003 By: S/Amilcar L. Jordan ----------------------------------------- Name: Amilcar L. Jordan, Esq. Title: Senior Vice President and Comptroller EXHIBIT INDEX Exhibit Number Description -------------- ----------- 10.25 Deferred Prosecution Agreement 12.1 Computation of Ratios of Earnings to Fixed Charges and Earnings to Fixed Charges and Preferred Stock Dividends